Aman Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38132 of 2016 Arising Out of PS.Case No. -246 Year- 2016 Thana -MUZAFFARPUR SADAR DistrictMUZAFFARPUR ====================================================== Aman Kumar, Son of Prem Kumar Singh, resident of Mohalla- Andigola, P.S. Nagar, District- Muzaffarpur.
.... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Manju Jha, Advocate For the Opposite Party : Mr. Sri Ramesh Chandra (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 18-10-2016 Heard learned counsel for the petitioner and learned counsel representing the State.
The petitioner seeks bail in connection with Sadar P.S Case No. 246 of 2016 registered for the offences punishable under Sections 406, 419, 420, 467, 468, 379/34 of the Indian Penal Code and Section 66(C) of I.T. Act.
Allegedly, the petitioner and other co-accused were entrusted with the properties that is mobile and other articles amounting to Rs. 60,00000/- and as a part of official duty has criminally and dishonestly misappropriated and stolen the property for their own use in violation of the direction of law along with other criminal associates. Submission is of false implication and that the case has been lodged on the basis of written report submitted by one Area Manager of Insta Kart Service Pvt. and during investigation vide para 21 of the case diary, it has come that the petitioner along with coaccused are indulged in such activity including one Azam Khan and
Patna High Court Cr.Misc. No.38132 of 2016 (3) dt.18-10-2016 2/2 that Azam Khan has been allowed bail by another co-ordinate Bench of this Court vide Cr. Misc. No. 32378 of 2016, and he is suffering in custody since 23.04.2016, charge sheet has already been submitted and there is no chance of tampering with the prosecution evidence and, as such, the petitioner also deserves sympathetic consideration. Learned A.P.P. opposes the prayer of bail In the facts and circumstances stated above, considering the detention of the petitioner and further that there is no chance of tampering with the prosecution evidence and, as such, the petitioner is directed to be released on bail on execution of bail bond of Rs.
10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur, in connection with Sadar P.S. Case No. 246 of 2016, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the Court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J.)